Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1887-01-26
ATTORNEY GENERAL.
His Position on the Pending Litigation in
Coupon Cases.
REPLY TO A WASHINGTON LETTER PUB
LsHED IN THE ALEXANDRIA "GAzETTE."

RICHMOND, VA, January II. 1887.
Il. Shepperd, Esq, Staunton, "a:
Dear Sir,-I have received your letter en-
closing clipping from the Alexandria Ga
zette, in which its Washington correspon-
dent attributes to me certain views and
opinions in regard to the debt litigation
pending in the courts of tho United States,
which you think deserved to be noticed by
me.
l have made it rule net to attempt to
correct every unauthorized statement or
assumption made in newspaper articles as
to my views, opinions, and official acts.
But, as in this instance, the views attrib-
uted to me are Numerically opposite to
those I entertain, will depart from the
rule and make the correction.
The correspondent uses this language:
.It is believed that Ayres, who is reason
able and sensible man, is tired of the I'M
equal contention forced on him by unwise
surroundings, and feels that the Appomat-
tox of the situation is nearly reached. He
evidently has heavy heart, and when
asked of the progress of the strife, replied
with an ominous shake of the head, midi
eating that, as pilot of the ship, he feared
the breakers were almost in sightW I new
er approach any duty with ga heavy heart, -
and instead of feeling that ''the Appomat-
tox of the situation is nearly reached"
regard the situation as much more favera-
BILE to the State than it has been at any time
during the past year. The bondholders
commenced the campaign encouraged by
the decisions of the Supreme Court rendered
in January last, with the expectation and
belief that they would recover exemplary
or punitive damages against the county
treasurers and speedily crush out all oppo-
sition on the part of the State. They have,
however, been wofully deceived; they met
their "Appomattox" when they encoun-
tered Virginia jury standing '1ike stone
WALL" which refused to give them exem-
plary or punitive damages, and, indeed, on
ly refunded the taxes paid in obedience to
the peremptory Instructions of the court.
Commencing the litigation with the declar-
alton that they rejoiced in the act provid-
ing indemnity for county treasurers that
they could have speedy payments Of the
large judgments for punitive damages
which they confidently expected to recover,
they close the year with an appeal to the
United States Court to enjoin the Board of
Indemnity from doing that which they at
the outset rejoiced the Board had been au-
w
paid agents and costly advertisements, they
have completely failed to cajole the tax
payers of the State, and have rounded up
discounted at every point with an incon-
siderable amount of coupons used by tax
payers and indictments pending against
their leading attorneys and agents, includ-
ing their principal one, Mr.. Cooper, who
has sailed for Europe. They are perfectly
welcome to all the satisfaction they can
derive from the situation" so far as am
concerned. As to the important case now
pending in the Circuit Court of the United
States, one being an application for an in
junction against the Indemnity Board, and
the other for mandamus to compel the
Auditor and Treasurer to receive coupons
from county treasurer, have no hesitan-
cy IN saying that I am firmly convinced
that the court has no jurisdiction whatever
in ether case, and hope to be enabled to
show this upon hearing in Baltimore on the
2Sth instant. Should the decision of the
court be adverse to the State will at once
take prompt measures to have it reviewed
by the Supreme Court of the United States.
The statutes of Virginia have been upheld,
and will be upheld by me before every
court in which their validity is challenged
until court of competent and final juris-
diction has pronounced them invalid. 1t
would be idle at this day to deny that the
Constitution and laws of the United States,
as construed by the Supreme Court, is the
law Of the land in cases to which the de-
cisions are properly applicable; but it is
denied that these decisions have any au-
thority or binding efficacy in suits against
the State, of which the United States Courts
have no jurisdiction, either original or ap-
pellate.
The Supreme Court, is is true, has, by a
divided bench of five against four, decided
that the suits in the form in which they are
brought are not suits against the State; but
Virginia is not satisfied with these decisions
In my reply to Mr.. Royals brief filed up
on a motion in the Supreme Court of the
United States for special rule applicable
to Virginia coupon cases by which they
were to be advanced and heard in prefer
ence to other cases l used the following
language to the Court: 81 do not come as
an apologlst for Virginia or to ask any IA
vors for her at the hands of the Court, but
I do ask that she have equal consideration
with other parties litigant, and that her
opponents be granted NO special privileges.
Virginia has not given over her claim to
exemption from suit in the Federal courts,
and at the proper time and in a proper case
she will again present the question for ar
gument that these suite are substantially
and in reality suits against the State, pro-
hibted by the eleventh amendment to the
hope the ''proper time'
will come, ard that very soon.
These are the views I entertain, and
favor the enforcement of all the terms of
the Riddleberger act by all lawful means
within the power of the State.
In conclusion, cannot refrain from say
ing that the people have in their hands the
speedy solution of this whole question. If
they will only be true to themselves and
spurn every offer of coupons upon any
terms the agitation will cease and The offer
of settlement be accepted and become eff
fective.
Taxpayers who pay or tender coupons
lend themselves to the schemes of the bond
holders, become parties to the persecution
of old Virginia, and are responsible for her
being implicated like common malefactor
in the subordinate court of the United
States. 1t is not to be supposed that ths
coupons are sold to the people at fifty cents
on the dollar out of any love for or desire
to favor them. No, indeed; the bondhold-
ers only seek in that way to have the peo-
pie contribute to their own undoing.
Once break down the barrier to the treas
ury and no more coupons will be sold for
fifty cents. A settlement has been offered
which the people have again and again de-
clared is their ultimatum. Let it be &C
eepted.
In my opinion the man who, under the
present circumstances, pays his taxes in
coupons, is not entitled to the respect or
of the large body of his friends
and neighbors who, by paying in money,
are endeavoring to prevent the direst of all
evils-the utter reputation of the entire
principal of the debt.
There is no power in Government that
can Withstand Or overcome a united peo-
pie, and it remains to be seen whether they
will stand together and accomplish the OBJ
ject which can thus be so easily attained.
Yours truly,
r. A. AYREs.
No EXTRA SEssIoN-The Washington
Of the Alexandria Gazette
says:
II